| System of right of subrogation of creditor is an important civil system in the countries of continental law system. It breaks up principle of relativity of obligation in traditional civil law to safeguard the interests of creditors and to defend safety of dealings and stability of economic order. System of right of subrogation has more than two hundred years history in France, but it has appeared in legal institution of new China in recent years. Law of the People's Republic of China on Contract in 1999 and its judicial interpretations have broken its "rule of putting in storage", confirmed "rule of priority of claim", and firstly constructed system of right of subrogation with Chinese characteristics. However, the appearance of this new system of subrogation also has some new problems followed with. No matter in theory and in judicial practice, these problems are urgently necessary to probe into. For this, a lot of scholars has studied on this system and drawn some valuable conclusions. This dissertation bases on system of right of subrogation currently in effect, expounds the development and its value of system of subrogation, argues this system's characteristics, nature and relationship with other related legal systems, emphasizes to discuss the question of exercise of right of subrogation, including the constitutive requirements, subjects, objects, scopes, methods and validity of exercise of subrogation. Through the study on theory of right of subrogation and its practice, with affirming "rule of priority of claim", this dissertation puts forward that there is the need to perfect system of subrogation currently in effect in China, mainly perfect the object of exercise of subrogation and the ways to exercise with. |
